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"Yespeding which they have frequently been misre. 1682.
presented; I shall, therefore, here give the follow-
ing extract from it. The author, after having
quoted several parts of the sacred scriptures, rela-
tive to government, proceeds, in the following

--- This settles the divine right of government Part of the
beyond exception, and that for two ends; first, preface to
to terrify evil doers; fecondly, to cherish those, Goveru-
that do well; which gives government a life be-
yond corruption; and makes it as durable, in
the world, as good men shall be. So that go-
vernment seems to me a part of religion itself; a
thing facred, in its inftitution and end. For, if
it does not directly remove the cause, it crushes
the effects of evil; and is, as such, a lower, yet
an emanation of the fame divine power, that is
both author and object of pure religion; the dif-
ference lying here; that the one is more free and
mental, the other more corporal and compulsive, in
its operation: but that is only to evil-doers; govern-
ment itself being otherwise as capable of kindness,
goodness and charity, as a more private fociety.

“ They weakly err, that think there is no other use of government, than correction; which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs, more soft, and daily neceffary, make up much the greater part of government; and which must have followed the peopling of the world, had Adam never fallen; and will continue among men, on earth, under the highest attainments, they may arrive at, by the coming of the blessed second Adam, the Lord from Heaven.”

As to the modes, he further obferves,-- I do not find a model in the world, that time, place, of Governo and some singular emergencies, have not necessa- ment in gerily altered; nor is it easy to frame a civil govern- neral. ment, that hall serve all places alike;"_" Any

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Part of the

1682. government is free to the people under it (what-
Mwever be the frame) where the laws rule, and the

people are a party to those laws; and more than
this is tyranny, olygarchy, or confusion.”

“ There is hardly one frame of government,
in the world, so ill designed by its first founders,
that, in good hands, would not do well enough;
and history tells us, the best, in ill ones, can do
nothing, that is great and good; Witness, the
Jewish and Roman states. Governments, like
clocks, go from the motion, men give them; and
as governments are made and moved by men, so
by them are they ruined too,

Wherefore, governments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let government be

never so good, they will endeavour to warp and preface to

spoil it to their turn."«« That, therefore, which
makes a good government, must keep it, viz.
Men of wisdom and virtue; qualities, that, be-
cause they descend not with worldy inheritances,
must be carefully propagated by a virtuous educa-
tion of youth; for which after ages wilt owe more
to the care and prudence of founders, and the fuc-
ceffive Magistracy, than to their parents, for their
private patrimonies."

“ These considerations," (several of which, for
brevity, are here omitted) of the weight of go-
vernment, and the nice and various opinions about
it, made it uneasy to me to think of publishing
the ensuing frame, and conditional laws, foreseeing
both the censures, they will meet with, from men
of differing humours and engagements, and the
occafion they may give of discourse beyond my

“ But, next to the power of necessity (which is a follicitor, that will take no denial) this induced me to a compliance, that we have, (with reve

frame of

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rence to God, and good conscience to men) to the 1682.
best of our skill, contrived and composed them
frame and laws of this government, to the great Beafon for
end of government, viz. To support power in reve- his frame
rence with the people, and to secure the people from and laws.
the abuse of power; that they may be free by their
just obedience, and the Magistrates honourable,
for their just administration; for liberty without
obedience is confusion; and obedience without li-
berty is slavery. To carry this evenness, is partly
owing to the constitution, and partly to the Ma-
gistracy: where either of these fail

, government
will be subject to convulsions; but where both
are wanting, it must be totally fubverted: then,
where both meet, the government is like to endure;
which I humbly pray, and hope, God will please
to make the lot of this of Pennsylvania. Amen.”

The frame itself consisted of twenty-four arti- Purport of cles; and the laws were forty. By the former of govers the government was placed in the Governor and ment. Freemen of the province, in the form of a provincial council, and General Assembly. By them conjunctively all laws were to be made, all officers appointed, and all public affairs transacted. Seventy-two was the number of the Council, to be chosen by the freemen; and though the Governor, or his deputy, was to be perpetual President, he had but, a treble vote. One-third part of them was, at firit, to be chosen for three years, onethird for two years, and one-third for one year; in such manner, that there might be an annual fuccession of twenty-four new members, each to continue three years, and no longer.--The General Alfembly was, the first year, to consist of all the freemen, afterwards of two hundred, and never to exceed five hundred. And this charter, or form of government, was not to be altered, changed, or diminished, in any part, or clause of it, without the consent of the Governor, his heirs, ar asfigns,


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the firit laws.

1682. and fix parts of seven of the freemen, in Provin. mcial Council and Assembly. And to the fame

power only was the alteration of the laws made subject: these laws were of the natere of an original compact between the proprietary and the freemen; and, as such, were reciprocally received and executed; one of them was,

" That all persons living in this province, who

confess and acknowledge the one Almighty and Onco? Eternal God to be the Creator, Upholder and Ru

ler of the world, and that hold themselves obliged, in conscience, to live peaceably and justly in civil society, shall, in no ways, be molefted, or prejudiced, for their religious perswasion, or practice, in matters of faith and worship; nor shall they be compelled, at any time, to frequent, or maintain, any religious worship, place, or ministry whatever."

Morover, the proprietary, to prevent all future

claim, or, even, pretence of claim, that might be William made, of the province by the Duke of York, or

his heirs, obtained of the said Duke his deed of of release for the same, dated the 21st. of August,


Penn tains Duke


York's re- 1682.*


Besides * The release of the Duke of York to William Penn was expresfed, ag follows

“ This indenture, made the one and twentieth day of August, in the Sour 'and thirtieth year of the reign of our fovereign lord, Charles the second, by the grace of God, of England, Scotland, France, and Ireland King, defender of the faith, &c. annoque Domini 1682, between the most illustious Prince, his Royal Highess, James, Duke of York and Albany, Earl of Ulfter, &c. of the one part, and William Penn, Esquire, son and heir of Sir William Penn, Knight, deceased, of the other part. Whereas, his said Royal Highness, being willing and desirous that the tract of land, called Pennsylvania, herein after mentioned, should be granted and assured unto the said William Penn, and his heirs, and for that purpose, having fignified and declared his affent thereunto, to che right honourable, the lords of the committee of plantations, his faid Majesty, by his letters patent, under the great seal of England, hearing date the 4th day of March, in the three and thirtieth year of his reign, for the confideration therein mentioned, did grant unto the said William Penn, and his heirs, all that tract, or part of land in America, with the islands therein contained, and thereunto belonging, as the same is bounded and described in and by the said letters patent, and therein called Pensilvania, together with several royalties, franchises, jurisdictions and privileges, therein contained. And, whereas, in consideration of five shil.






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Besides, as an additional territory to the pro. 1682. vince, he also, this year, 1682, procured of the w duke of York, his right, title and interest, in that tract of land, since called the The three lower counties on Delaware, extending from the south boun- cures of the dary of the province, and situated on the western side of the said river and bay of Delaware, to cape territories, Hinlopen, beyond, or south of Lewistown; which, by the Duke were made over to William Penn, his heirs and assigns, by two deeds of Feoffment, dated, August 24th. 1682. The first deed was for the town of Nez-Castle, alias Delaware town, and a district of twelve miles round it, as far as the river Delaware; in the second, of the same date, was comprehended that tract of land, from


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lings, and for the confiderations herein after mentioned, his faid Roya)
Highness is willing

and pleased to confirm and make any further assurance
of the said tract of land and premises unto the said William Penn,

and his heirs."

“ Now, therefore, this indenture witnesseth, that his said Royal Highness, out of a special regard to the memory, and many faithful and eminent services heretofore performed, by the said Sir William Penn, to his faid Majesty and Royal Highness, and for the better encouraging him, the said William Penn, to proceed in the cultivating and improving the said tract of ground, and inands therein, and thereunto belonging, and reducing the favage and barbarous natives thereof to civility, and for the good will, which his faid Royal Highness hath and beareth to the said William Penn, and for other good causes and considerations, hath remised, released, and for ever quit claim, and by these preserts, doth, for him and his heirs, remise, release, and for ever quit claim, unto the said William Penn, (in his peaceable poffeffion now being) his heirs and afligns, all the estate, right, title, interest, rents, services, duties, payments, property, claim and demand whatsoever, of his faid Royal Highness, of, in, or to, or out of the said tract of land, and all fingular other, the lands, islands, tenements, hereditaments, and other things comprised in the said recited letters patent, and within the bounds and limits therein mentioned, to have and to hold the said tract of land, rents, services, hereditaments and premises, unto the said William Penn, and his heirs, to the only use and benefit of the said William Penn, his heirs and assigns for ever. IN WITNESS whereof his Royal Highness hath to these presents set his hand and seal, the day and year first above written."

“JAMES." (L. s.) Sealed and delivered

in the presence of 5 JOHN WERDEN. GEORGE Man.


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